Getting ready for Chapter 7 but Overdraft question

[smockb]

Hi Guys- I am married filing individual, My wife dosent work and she is not listed on any of my loans / accounts. I have a checking account that i am into the overdraft- it is 500.00. When my paycheck is deposited it goes back to zero, and when I pay my house or other bills I have to go back into it. It is a vicious cycle.

Two questions

If I am going to include the OD in my seven should I switch my checking account now so it will stop being deducted? I am not filing till November, but trying to get my ducks in a row.

Also my wifes name is on the checking account but nothing else, Will she have to file with me as well?

Thanks so much for your help!

[newbie2]

Hi Guys- I am married filing individual, My wife dosent work and she is not listed on any of my loans / accounts. I have a checking account that i am into the overdraft- it is 500.00. When my paycheck is deposited it goes back to zero, and when I pay my house or other bills I have to go back into it. It is a vicious cycle.

Two questions

If I am going to include the OD in my seven should I switch my checking account now so it will stop being deducted? I am not filing till November, but trying to get my ducks in a row.

Also my wifes name is on the checking account but nothing else, Will she have to file with me as well?

Thanks so much for your help!

Yes, switch your bank accounts now. Since you can't seem to cover the OD without dipping in to it, change your direct deposits.

And yes, they can come after your wife. Only you and she will be able to make the call about whether to include her in the BK filing for a $500 debt.

[SMinGA]

1. Yes, you may include the checking account & OD as an unsecured debt. Make arrangements now to open a new account/at a new bank and change direct deposit.

2. If your wife is on the account, the bank might go after her for the balance. Or they might not notice that its a joint debt but only a single filing - and could write the whole thing off. Its a chance, not sure how certain?

[ccsjoe]

Given the amount I would hesitate to think they would come after your wife since we're talking less than 1K here, but there's no guarantees.

Change banks, re-route direct deposits. This will take about 3-4 weeks to complete overall.

Include old checking account & od into BK, I am including my old checking account in my filing.